Free Traffic Legal Advice

Firstly, thanks to the administrators for such a wonderful & necessary site.

I received a PCN from TfL for a:
"contravention 62:Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway.

The alleged contravention was seen and recorded by camera operator number 116 who was observing real time pictures from an approved device at the time stated and has been recorded on digital storage media."

The images clearly show loading in action. The image of the fully loaded (large estate) car shows the car loaded to the degree that the boot doesn't fully close!

https://drive.google.com/file/d/1JW4qd_afXB_E9Sga39j6oNMeY1BE4oZe/view?usp=sharing

It seems clear that there was therefore no contravention, due to loading.

Mt question however is, due to obviousness of the loading involved can i sue the council for anything, wasted time, aggravation, etc. i received assistance from a more knowledgeable friend who will happily produce an invoice for consultation/guidance/advice etc...

I was thinking of sending the challenge in the post together with an invoice for the above.

Is this possible, and if yes, under which grounds (legislation)?

Many thanks in advance.

Thanks,

Here is a working link to scanned PCN. Sorry, I'm new to these types of things.

https://drive.google.com/file/d/1u_CyJZl5MZ6kW_QiM3d8iWBiq0vJF9jq/view?usp=sharing

I had read the "READ THIS FIRST - **BEFORE POSTING YOUR CASE!**" I just didn't think any further info is relevant for this rather general question.

If you do require any further info though, please just lmk.

The PCN does open up when viewed on the Pepipoo site for some reason. The PCN was dated 17 May. That is more than 28 days ago. What if anything have you done in the meantime?

You are right about the 1974 legislation. However there is a proviso on loading which is:

for the purpose of loading or unloading goods [F6for a period not exceeding 20 minutes or such longer period as the council may permit], and—
(i)the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and
(ii)the vehicle was not left unattended at any time while it was so parked.

Satisfying both of those might be tricky but you know the circumstances. If there was a camera trained on you would you be comfortable saying the car was not left unattended at any time? And was it strictly necessary to park on the pavement in order to load?

How come you only got the PCN last week? Has the envelope got a postmark on it by any chance? Are you the registered keeper i.e. your name is on the V5 with your current address? As far as the Council is concerned you have had the PCN for more than 28 days and you have neither paid it nor appealed it so a Charge Certificate is very likely on its way.

Dear cp8759 or anyone else,

Sorry for the very long delay, we’ve had family issues amongst other matters, and this went to wayside.

Thanks for your reply and once again many thanks to you wonderful people helping the public achieve justice.

As an update,

I made a representation (attached)
They replied (attached), and as usual, didn’t directly address the point I made in my representation.

I wanted to appeal, but unfortunately haven’t, for the aforementioned reasons.

We now received a call from a recovery agent who tried to visit my property, wanting £559 !

Apparently, we were sent letters, however the house is a building site, and has been completely gutted. Hence, mail is bound to get lost or end up in a skip. Which is why the agent found nobody in, not even the wife with our new baby girl !
I specially provided an email address on the representation, as that is safe.

I know a lot of time has passed and we’re way out of the appeals window.
Is there anywhere I can turn too?

Happy to pay someone to deal with it, even better if they can then claim costs back from TfL !

Many thanks


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Thanks for your reply,

As i mentioned, we've unfortunately gone through some turmoil.
I even started preparing the appeal but had to divert my attention to other things. we're still not out of the woods but have no choice but to deal with it.

Is there any recommended organisation or company that we can pay to deal with this matter?

Obviously, not worth paying a lot or it defeats the purpose, (unless the purpose is to punish TfL for wrongly issued PCNs  )

Thanks again for your invaluable help.

I wanted to appeal, but unfortunately haven’t, for the aforementioned reasons.

If you received the notice of rejection and didn't take any action, you cannot legally use forms PE2 and PE3.

Depending on what the details of your reasons are, you might be able to file an out of time appeal with London Tribunals, if you want to message me the details of what the "turmoil" actually was, I'll see if it's worth a shot.